Question 1

How are contributions assessed in property proceedings according to the Family Law Act?

Accepted Answer

Contributions in property proceedings are assessed by considering both direct and indirect contributions, whether financial or non-financial, made towards the acquisition, conservation, improvement of property, or the welfare of the family or children. No specific order of priority is attached to individual elements, and the evaluation involves value judgments and matters of impression.

Question 2

Is the assessment of contributions in property proceedings a purely mathematical exercise?

Accepted Answer

No, the assessment of contributions in property proceedings is not a purely mathematical exercise. It involves matters of estimation and cannot be reduced to a simple calculation. The discretionary assessment requires considering multiple component parts, often unamenable to precise computation, and reaching an overall outcome based on value judgments and impressions.

Question 3

What types of contributions are considered in determining property division?

Accepted Answer

In determining property division, contributions of various types are considered, including both direct and indirect financial contributions, as well as non-financial contributions. These contributions can be related to the acquisition, conservation, or improvement of property, or to the welfare of the family or children. The evaluation encompasses a wide range of contributions made over a substantial period, without attaching priority to individual elements.

Question 4

Is there a specific order of priority for different types of contributions?

Accepted Answer

No, there is no specific order of priority for different types of contributions. The assessment of contributions does not require assigning discrete and identifiable values or percentages to each disparate component or kind of contribution. Instead, all contributions, regardless of their type, should be considered and assessed together, taking into account the nature, form, and extent of each contribution.

Question 5

Is there a requirement for a causal link between contributions and specific property in property proceedings?

Accepted Answer

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Tag: Discretionary assessments

Property proceedings – Assessment of a party’s interest in matrimonial property

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